Appointment of Director General and other servants of the Board
(1) The Board may appoint a Director General who shall be responsible for the day to day administration and management of the affairs of the Council and to perform such duties and exercise such powers as may be entrusted or delegated by the Board or the Chairman of the Board acting on behalf of the Board:
Provided that the first Director General immediately after the coming into force of this Act shall be a person appointed by the Minister.
(2) The Board may appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council.
(3) The Director General and other officers and servants of the Board shall be responsible to the Board.
(4) The Director General, officers and servants of the Council shall hold office for such period, receive such salaries and allowances and be subject to such conditions of service as may be determined by the Board.
P ART VI FINANCE
Fund of the Council
For the purpose of this Act, a National Sports Fund (hereinafter referred to as “the Fund”) is established to be administered and controlled by the Board—
(a) into which shall be paid—
(i) such sums as may be provided from time to time by Parliament;
(ii) such sums as may from time to time be borrowed by the Board upon terms and conditions approved by the Minister in consultation with the Minister of Finance for the purpose of meeting any of its obligations or discharging any of its duties;
(iii) all moneys earned by the operation of any project, scheme or enterprise financed from the Fund;
(iv) all moneys earned or arising from any property, investment, mortgage, charges or debentures acquired by or vested in the Board;
(iva) all gifts, donations and bequests from individuals, companies, foundations and other sources; and
(v) all other sums or property which may in any manner become payable to, or vested in, the Board in respect of any matter incidental to its powers and duties;
(b) out of which shall be defrayed—
(i) all expenditure (including capital expenditure) incurred by the Board in carrying out its functions; and
(ii) moneys for the repayment of any loan made to the Board pursuant to its power to borrow.
Borrowing powers
The Board may, upon conditions approved by the Minister in consultation with the Minister of Finance, borrow such sums as it may require for carrying out any of its functions under this Act.
Investment
The assets of the Board shall, insofar as they are not required to be expended by the Board under this Act, be invested in such manner as the Minister may approve:
Provided that the Board shall not make any investment in securities issued or registered or other properties situated outside Malaysia except with the approval of the Minister of Finance.
Estimates of expenditure
(1) The expenses of the Board up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.
(2) Before the beginning of September of each year, the Board shall submit to the Minister an estimate of the expenses (including those for development projects) for the following year in such form and with such particulars as the Minister may
require; and the Minister shall before the beginning of November of that year notify the Board of the amount authorized for expenses generally or of the amount authorized for each description of expenditure.
(3) The Board may, at any time, submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.
Accounts and audit
(1) The Board shall keep proper accounts and other records in respect of its operation and shall prepare statements of accounts in respect of each financial year.
(2) The accounts of the Board shall be audited annually by the Auditor General or other auditors appointed by the Board with the approval of the Minister.
(3) The accounts of the Board shall be audited within six months of the end of each financial year and within such period, the Board shall cause a copy of the statement of accounts in such manner as the Minister may require to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditors appointed under subsection (2) on any statement or on the accounts of the Board.
P ART VII GENERAL
Annual Report
The Council shall not later than the 30th day of June of each year, cause to be made and transmitted to the Minister, a report dealing with the activities of the Council during the preceding year and containing such information relating to the proceedings and policy of the Council.
Regulations
The Minister may make such regulations as may be expedient or necessary for prescribing anything required by this Act and for the better carrying out of the provisions of this Act.
Secrecy and penalty
(1) Except for the purposes of this Act or of any criminal proceedings under this Act, no member, officer or servant of the Council shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.
(2) Any member knowingly contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.
Penal Code
The Director General and any officer or servant of the Council appointed under section 8 shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Protection against legal proceedings
(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Council or Board or against the Director General, officer of the Council or Board or against any director, officer or servant appointed by the Board in respect of any act done or statement made bona fide in pursuance or execution or intended execution of this Act.
(2) Where any person is exempted from liability by reason only of the provisions of this section, the Council is liable to the extent that it would be if such person were a servant or agent of the Council.
Delegation by the Board
The Board may, by an instrument in writing, delegate to any person or body such of its duties as may be necessary to be performed in or outside Malaysia:
Provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the direction of the Board.
Directions by the Minister
(1) The Minister may give to the Council or the Board such directions, not inconsistent with the provisions of this Act, as he may deem fit, as to the exercise and performance by the Council or the Board of its powers, duties and functions under this Act, and the Council or the Board shall give effect to all such directions.
(2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.
Ineligibility for employment as officers of the Council
(1) No person shall be eligible for employment as an officer or servant of the Council who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Council.
(2) Any officer or servant appointed by the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
